List of recommendations

2.103The Committee recommends that the Australian Government works with the state and territory governments through the National Cabinet Education Ministerial Council to promote in the Australian Curriculum the significance and value of migration in Australia’s history and future.

2.104The Committee recommends that the Australian Government promotes and celebrates migration and multiculturalism as central elements in Australia’s national story through our national cultural institutions.

3.43The Committee recommends that the Australian Government, through National Cabinet, works in collaboration with state and territory governments to devise an inter-governmental strategy that embeds nation building in forward plans, and acts to unify and guide the development of policy.

3.54The Committee recommends that the Australian Government considers the complex relationship between migration and the Australian environment and investigate measures that would help to ameliorate any negative impacts.

5.45The Committee recommends that the Australian Government considers re-establishing the Department of Immigration, Citizenship and Multicultural Affairs as a standalone department, to administer the current immigration and citizenship, multicultural affairs, settlement services, and social cohesion functions of the Department of Home Affairs.

6.16The Committee recommends that the Australian Government allows biometric data collected for visa application purposes be stored and remain valid for 12 months following the date of collection and be useable for multiple visa applications within that period.

6.20The Committee recommends that as part of any upgrade to information technology upgrades to migration and visa processing systems that the Australian Government considers investigating options for the initial capture and provision of biometric data for visa applicants through utilisation of smart technology biometric capture. This data could then be further verified at Australian Biometrics Collection centres if warranted in country of origin, or verified upon arrival in Australia.

6.35The Committee recommends that the Australian Government explores simplifying the health requirements to a single Public Interest Criterion that incorporates an entitlement to apply for a waiver of the health requirements.

6.36The Committee recommends that the Australian Government removes specialised education services from the description of ‘community service costs’ in the policy settings for the Australian visa Significant Cost Threshold, with appropriate considerations to Budget impacts.

6.37The Committee recommends that the Australian Government increases the Significant Cost Threshold to an amount that will enable Australia to remain competitive with comparable countries, with appropriate consideration to Budget impacts.

6.72The Committee recommends that the Australian Government undertakes a digital English language testing pilot in the higher education sector, to examine the robustness of a digital system to withstand or detect fraud, and consider the feasibility of a broader roll out.

6.73The Committee recommends that the Australian Government empowers Jobs and Skills Australia to review the English language requirements for a range of occupational roles to ensure that they align with the work and safety requirements of the position.

6.74The Committee recommends that the Australian Government removes the requirement to retest the English language proficiency of visa applicants already in Australia, where the level of proficiency required is the same or lower than the English language requirement that the applicant had previously satisfied.

6.91The Committee recommends that the Australian Government conducts a comprehensive review to guide the staged reform of the Migration Act 1958 to ensure that the Act remains fit for purpose as the legislative framework supporting the new migration strategy.

6.92The Committee recommends that the Australian Government amends the Migration Act 1958, and any other relevant subordinate legislation, to enable recognition of the skills, and qualifications of secondary applicants when considering the primary applicant’s visa suitability.

6.114The Committee recommends that the Australian Government develops internal mechanisms to assess, and report publicly in relevant Annual Reports, the effectiveness of the measures introduced to:

reduce the visa backlog;

modernise the visa system; and

embed simplification as a key objective of all actions in the Migration Strategy.

6.115The Committee recommends that, in due course, the Auditor-General and Australian National Audit Office considers conducting a performance audit into the effectiveness of the measures outlined in Recommendation 16.

6.150The Committee recommends that the Australian Government provides greater transparency to applicants, agents, and sponsors regarding the progress of visa applications.

6.151The Committee recommends that the Australian Government requires external agencies contracted to perform assessment services for visa applications to abide by a best practice service level agreement for processing times.

6.181The Committee recommends that the Australian Government considers reintroducing the ’90-day rule’ into the Migration Act 1958 to ensure that refugee status determinations are concluded within 90 days.

6.182Recognising that reform of the migration system will place further pressure on Departmental systems and staff, the Committee recommends that the Department of Home Affairs reintroduces a change management process to better support staff, guide implementation of reforms, and monitor the effect of this process.

6.183The Committee recommends that the Australian Government makes use of the existing skills and knowledge of Department of Home Affairs staff during all stages of the work to upgrade the existing legacy visa processing systems.

6.184The Committee recommends that the Australian Government’s commitment to ‘modernise the visa system experience for migrant and employers’ includes:

automation of low-risk processes, and

a real time tracker for applicants to chart the progress of their application.

6.185The Committee recommends that the Department of Home Affairs conducts a feasibility study into the creation of a secure digital portal for visa application documentation and investigate legislative changes that would enable sharing of this information with trusted partners.

6.216The Committee recommends that the Australian Government, recognising that the current permanent parent visas fail to offer realistic completion time frames, considers whether to:

cease to offer permanent parent visas to new applicants, and

expedite the development of appropriate visa settings for the family migration stream.

6.217The Committee recommends that the Department of Home Affairs’ ‘enhanced outreach program’ incorporates feedback and periodic review processes to ensure that its operation is fit for purpose.

7.81The Committee recommends that the Australian Government undertakes modelling to identify a new age limit for Employer Nominated Scheme visas, between 50 and 60, that considers tax, fiscal, pension, and relevant ageing population factors.

7.82The Committee recommends that the Australian Government considers introducing standing exemptions on the age limit for Employer Nominated Scheme visas for the following applicants:

Applicants who will be employed in a senior management role;

Applicants who worked in Australia over the COVID period and held their temporary visa before 18 April 2017;

Applicants who have been working in Australia for a considerable period, before seeking to settle in Australia; and

Applicants whose permanent presence in Australia is of inherent benefit regardless of their age.

7.100The Committee recommends that the Australian Government considers amending the Migration Act 1958 and the Migration Regulations 1994 to include provisions to deliver measures to ensure that the process by which the Minister, or their delegate, determines which persons who have submitted an Expression of Interest to apply for a skilled independent visa are invited to apply is authorised by law.

7.101The Committee recommends that the Australian Government publishes more granular information, in a timely manner, about the profile of forthcoming invitation rounds, to better enable potential applicants to make informed decisions around their applications for skilled independent visas.

7.140The Committee recommends that the Australian Government continues to prioritise the development and implementation of the Skills in Demand visa, informed by widescale stakeholder consultation, and ensures that the three streams: Specialist Skill Pathway, Core Skills Pathway, and Essential Skills Pathway address the full gamut of demand for labour in the economy.

7.205The Committee recommends that the Australian Government considers the phasing out of Labour Market Testing requirements in favour of a data-driven approach by Jobs and Skills Australia, especially for the agriculture sector, which is tailored to specific geographic and industry conditions.

7.206The Committee recommends that the Australian Government amends the Migration Act 1958 or the Migration Regulations 1994 to expressly confer on Jobs and Skills Australia the statutory responsibility of determining skills and workforce shortages for the purposes of migration law.

7.207The Committee recommends that the Australian Government replaces the current skilled migration occupation lists with lists produced by Jobs and Skills Australia, based on the Australian and New Zealand Standard Classification of Occupations but flexible enough to account for newly emerging occupations in the economy.

7.208The Committee recommends that the Australian Government conducts more regular updates of the Australian New Zealand Standard Classification of Occupations.

7.243The Committee recommends that the Australian Government considers providing Jobs and Skills Australia the statutory power to oversee the work of Australia’s skills assessment authorities and also provides an appeal mechanism for skills assessment decisions.

7.244The Committee recommends that the Australian Government takes the lead in a nationally coordinated approach to harmonising the regulation of skills assessment, qualification recognition, and occupational licensing requirements in partnership with state and territory governments and professional bodies to ensure more effective and efficient processes.

7.245The Committee recommends that the Australian Government, as part of a wider nationally coordinated approach to harmonising the regulation of skills assessment, qualification recognition, and occupational licensing requirements, establishes an online portal as a one-stop-shop for navigating these processes, available in multiple languages.

7.246The Committee recommends that the Australian Government works to establish mutual recognition of skills and qualifications with partner governments and accreditation authorities of countries with similar standards to Australia.

7.247The Committee recommends that the Australian Government, through a competent body, provides for automatic skill and qualification recognition and, including where possible, occupational licensing of foreign workers coming from countries where standards for a given occupation are equivalent to or higher than that of Australia.

7.264The Committee recommends that the Australian Government redesigns the Skilling Australians Fund levy so that it more directly contributes to the skilling of locals to meet the needs of industries that rely on foreign workers and pay the levy.

7.265The Committee recommends that the Australian Government trials the application of trailing employer fees to all classes of employer sponsored visa.

8.60The Committee recommends that the Australian Government adopts the Canadian model to broaden eligibility to settlement services to all migrants on the basis of need, (1) with an emphasis in stronger local partnerships to improve outcomes and integration and (2) including better tailored and targeted employment supports for migrants

8.61The Committee recommends that the Australian Government improves the existing public relations program to increase the level of confidence that Australian employers have in skills, experience, and qualifications acquired by migrants overseas.

8.81The Committee Recommends that the Australian Government amend the Migration Act 1958, to better account for the skills and experience of secondary applicants in the points test for skilled migration visa applicants.

9.52The Committee recommends that the Australian Government undertakes a pilot program to better aid refugees in navigating the skills assessment and qualification recognition processes in Australia.

9.53The Committee recommends that the Australian Government refers to relevant examples in Germany to devise mechanisms through which skills assessing authorities can help refugees substantiate their claims around their skills, experience, and qualifications in cases where official documentation is unavailable.

The Government should ensure that any such mechanism is robust enough to ensure safety and quality standards for the Australian community. The Committee, further, recommends that this be implemented as part of an online portal for navigating these processes as included in Recommendation 38.

9.54The Committee recommends that the Australian Government establishes a system through which refugees are more directly connected to job opportunities relevant to their skills and qualifications that is built into the skills assessment and qualification recognition processes, and that the skill value of refugees is effectively promoted to potential employers.

9.107The Committee recommends that the Australian Government works within the existing funding framework to improve specialised refugee employment support services and that that employment support service providers be incentivised to help refugees find jobs, or pursue small business opportunities, best aligned to their skills, qualifications, and experience.

9.108The Committee recommends that, unless there are compelling reasons related to security or the public interest, that the Australian Government provides work rights to asylum seekers on bridging visas to allow them to support themselves and their families and contribute to the Australian economy and society.

9.109The Committee recommends that the Australian Government makes available more specialised employment and domestic violence support services for migrant women.

9.132The Committee recommends that the Australian Government offer exemptions on a case-by-case basis to allow the use of an interpreter for the citizenship test for refugees who are older, lack formal education, or have experienced trauma and hardship.

9.133The Committee recommends that the Australian Government conducts an audit of citizenship interview and testing sites to ensure that these are located in areas of greatest demand.

9.141The Committee recommends that the Department of Home Affairs develops clear exemption guidelines that recognise the importance of providing a pathway for refugees to establish their identity claims when documentary evidence is unobtainable, while minimising the risk of fraud.

10.27The Committee recommends that the Australian Government allows Working Holiday (subclass 417) and Work and Holiday (subclass 462) visa holders to work in tourism and hospitality in all hard-to-staff rural and remote areas of Australia as part of their 88 days or 6 months to qualify for their second- or third-year Working Holiday Maker visa.

10.28The Committee recommends that the Australia Government reviews the definitions used by Australian Government departments in legislation and regulation in relation to regional Australia with a view to fostering a more uniform approach, especially in relation to their application in policies and procedures.

10.29The Committee recommends that the Australian Government ensures that the definition of regional Australia, and its constituent parts, used by the Department of Home Affairs to underpin its policies and procedures, is both consistent and sufficiently nuanced to support the attraction and retention of migrant workers to the areas in which they are needed in regional Australia.

10.64The Committee recommends that the Australian Government works with state and territory governments to tailor a campaign that promotes the virtues of relocating to Australia’s regions to skilled migrants.

10.65The Committee recommends that the Australian Government works with state and territory governments to tailor a suite of incentives that encourage migrants to move to Australia’s regions.

10.107The Committee recommends that the Australian Government works with all tiers of government and major stakeholders to develop a package of scaled incentives that foster the long-term settlement of healthcare professionals in outer regional or remote areas.

10.108The Committee recommends that the Australian Government considers offering prioritised access to parent visas to International Medical Graduates who spend a predetermined period working in regional, rural, and remote areas to incentivise those doctors to remain in regional areas.

10.152The Committee recommends that the Australian Government reviews Designated Area Migration Agreements and Industry Labour Agreements to ensure that they are fit for purpose.

10.182The Committee recommends that the Australian Government increases the age of eligibility for a Working Holiday Maker visa to 35 across the two subclasses of the scheme.

10.183The Committee recommends that the Australian Government reviews the Working Holiday Maker program with a view to standardising requirements and reducing disparities between participating countries and visa subclasses.

10.184The Committee recommends that that Australian Government aligns locations eligible to satisfy specified work requirement across the two visa subclasses of the Working Holiday Maker program.

10.185The Committee recommends that the Australian Government continues to improve the educational program directed at Working Holiday Maker scheme participants to provide them with knowledge of their rights while working in Australia and implement more robust mechanisms to monitor compliance with labour laws by businesses employing Working Holiday Maker visa holders.

10.220The Committee recommends that the Australian Government improves communication systems to ensure that local councils and relevant community and government organisations are given adequate prior notice of the arrival and composition of PALM workers.

10.221The Committee recommends that Australian Government initiates longer term relationships between a receiving region in Australia and a participating PALM nation to develop culturally specific programs to foster productive cultural exchange and participation.

10.222The Committee recommends that, in due course, the Australian Government reviews outcomes relating to the expansion of Medicare to participants in the PALM Family Accompaniment Pilot.

10.267The Committee recommends that the Australian Government collaborates with all levels of government to ensure that settlement service providers located in regional, rural, and remote settings are adequately resourced to deliver settlement services uniquely required in regional Australia.

11.46The Committee recommends that the Australian Government develop and implement the establishment of a fully funded, independent collaborative institution for research and data collection and analysis related to migration policy, and associated policy impacts in social cohesion, employment, health, and any other relevant policy and portfolio considerations.

The institution should be overseen by an advisory panel of eminent experts and representatives from key Australian Government departments, state and territory governments, as well as leaders in the research, community and business sectors.

11.48The Committee recommends that any research or data analysis outcomes resulting from the work of the institution be made publicly available through the DATA scheme administered by the Office of the National Data Commissioner.

12.11The Committee recommends that the Minister for Home Affairs refer Terms of Reference for an inquiry into regional migration to the Joint Standing Committee on Migration for inquire and report in this term of Parliament.